ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday May 2, 2017
City Hall, Hearing Room 416
1 Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

COMMISSIONERS

Present
Laura Thomas
Steven Lee
Al Perez
Liam Frost
Ben Bleiman

STAFF

Present
Executive Director, Jocelyn Kane
Deputy Director, Maggie Weiland
Sound Inspector, Sean Burke
Commission Aide, Crystal Stewart

CALL TO ORDER

Vice Chair Thomas called the meeting to order at 5:31PM.

ROLL CALL

Commissioner Caminong and Commissioner Tan was absent at the time of roll call.

No public comment.

1. General Public Comment

Members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission. With respect to agenda items, members of the public may address the Commission for up to three minutes at the time such item is called. 

No public comment was made.

2. Report from Executive Director: Legislative/Policy Update: Update on File #170443, cleanup legislation regarding amplified sound; Staff and Office Update: Update on 11th Street Operators Meeting; Update on EC Retreat; Update on Office Move to Room 12; Corrective Actions: Nothing to Report. [Discussion Item]

3. Report from the Senior Analyst – Community & Cultural Events: Nothing to Report. [Discussion Item]

4. Report from the Sound Inspectors: Jordan Pauley and Sean Burke report on recent venue sound inspections and report of activities by staff. [Discussion Item]

NEW COMPLAINTS         

4/12/17 311 (Anon) Balancoire   2565 Mission "Loud music disturbing sleep." Venue has not been audible outside property plane. Will continue to investigate.
4/12/17 12:30am (Anon) Knockout  3229 Mission  "door closed but the music is still so loud." Operator informed of complaint.
4/15/17 9:45pm Endup 401 6th St. "the music is so loud and unbearable that we living on Harriet st can hear it" Complainant sent complaint questionnaire requesting additional info.
4/20/17 311  Blackthorn Tavern 834 Irving "Very noisy live entertainment on Thursdays." Operator contacted.
4/23/17 311 Carafe (?)  1125 Folsom “Brand new bar with patio. Very audible from adjacent buildings." Complaint forwarded to SFPD permit officer at Southern Station.
4/26/17 311 (Anon) Roccapulco 3140 Mission "I live a few buildings away, but can feel the bass through my floor. The sound is exceptionally loud and can be heard through foam earplugs."
4/26/17 311 SFMoMA 151 3rd St.  "Large and loud entertainment event on the roof of the MOMA. Has been going on since 10:00 PM, very disturbing to nearby residents"
4/30/17 5:00pm Oasis 298 11th St. "playing loud music outside" - operator has been contated regarding the complaint and has been put in touch with complainant.

ONGOING COMPLAINTS

Original: 1/15/17 Codeword  917 Folsom Additional complaints on 4/16 @ 3A & 4/27 @ 11:45P. Operator states that venue was closed at time of 4/16 complaint.
Original: 3/27/17  Public Works  161 Erie Additional complaint on 4/1. Operator making adjustments to sound system and soundproofing.
Original: 3/27/17  Brick & Mortar  1710 Mission  Additional complaints on 4/2, 4/4, 4/9, 4/18, 4/20. Operator sent copy of permit with sound limit.
Original: 11/14/16  Halcyon 314 11th St. Sat 4/8 12:30am, Sun 4/9 2:15am, Tue 4/11 12am, Sat 4/15 2:15am, 4/22 via 311, & Sun 4/30 12:50am - Venue not found out of compliance.
Original: 10/24/17 Revolution Café 3248 22nd St. Complaint resurfaced after 8 months on 4/7 & 4/26. New manager is in touch with complainant. NOV issued on 4/22. Meeting with staff on 5/2.

SOUND TEST      

4/22/17 9:30pm The Stud 399 9th St.  Passed.

NOTICES OF VIOLATION

4/28/17 10:30pm  Mezzanine  444 Jessie   External sound level exceeded legal limit.
4/29/17 10:30pm Revolution Café 3248 22nd St.     Door open, and audible past 50 feet.

5. Police Department Comments & Questions. This item allows any member of the SFPD to address the Commission regarding matters related to nightlife and public safety. [Discussion Item]

No comments were made.

6. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Action Item] 

Consent Calendar:

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Entertainment Commission, and will be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

Consent Agenda:

EC-1401 – Cabrera, Jose Ramon, Rinconcito Nicaraguense, 2943 Mission St., Limited Live Performance Permit.

Deputy Director Maggie Weiland stated the first permit application for this evening is a Limited Live Performance permit application for Rinconcito Nicaraguense located on Mission near 25th Street. The Nicaraguan restaurant wants to have DJs plays for their patrons on the weekends, but the applicant would like the flexibility to have entertainment until 10pm other days of the week as well. I have received seven letters of support from surrounding neighbors that you will see in your files, and I have also received one complaint. Inspector Burke and Mission Station Permit Officer investigated this complaint; we are essentially bringing this premises into compliance today. After visiting the premises, Permit Officer Medina said that she had no issue with this application provided the hours of operation are as described. She did not add any other conditions.

Commissioner Lee Moved to approve Commissioner Bleiman Commissioner second the motion

Vote:
Yeas - Commissioner Perez, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Commissioner Frost
Noes – None
Absent – Commissioner Caminong & Commissioner Tan

EC-1403 – Chardin, Diana, Adventure in Food and Wine, 3331 24th St., Limited Live Performance Permit.

Deputy Director Maggie Weiland stated the second permit application for this evening is a Limited Live Performance permit application for Adventure in Food and Wine on 24th Street near Mission. Adventure in Food and Wine is a restaurant that hopes to have occasional live music and spoken word entertainment during regular restaurant operations. The owner sent a letter to all of their surrounding neighbors, and although we did not receive any letters of support, we also did not receive any letters of protest. Mission Station approves this permit application with no added conditions.

Commissioner Frost moved to approve Commissioner Thomas second the motion

Vote:
Yeas - Commissioner Perez, Commissioner Tan, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Commissioner Frost
Noes - None

Regular Agenda:

EC-1402 – Meis, Franz, Toy Soldier, 52 Belden St., Place of Entertainment & Extended Hours Premises Permits.

Deputy Director Maggie Weiland stated the first regular agenda permit application for this evening is for Place of Entertainment and Extended Hours Premises permits for Toy Soldier located. Toy Soldier is a new restaurant, lounge, brewpub, and outdoor café located in the financial district at 52 Belden Place. Their planned entertainment will be in the form of a DJ playing recorded music, small jazz groups, and occasional live acts. Although there are no residents within 500 feet of the premises, we received 5 letters of support from surrounding businesses that you will see in your file, and no letters of protest. Central Station approves this permit application with notifying Central Station of any special events, and maintaining security footage from their system for a minimum of 21 days as conditions. Here to tell you more about their permit applications is owner Franz Meis.

No public comment

Commissioner Frost moved to approve with Police Conditions Commissioner Lee second the motion

Vote:
Yeas - Commissioner Perez, Commissioner Tan, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Commissioner Frost
Noes - None

EC-1404 – Howard, Richard and George Karas, Harry’s Bar, 2020 Fillmore St., Place of Entertainment Permit.

Deputy Director Maggie Weiland stated the next permit application of the evening is for a Place of Entertainment for Harry’s Bar located on Fillmore at Pine. Harry’s previously had a Place of Entertainment with this same ownership, and they are hoping to reinstate this license after not having one for the past few years. The owners plan to have DJ music primarily on the weekends. The owners reached out to their neighbors with the letter you will see in your file. We did not receive any letters of support or protest for this application. Northern Station approves this permit with the Good Neighbor Policy as the only condition. Here to tell you more about Harry’s Bar is owner Rick Howard.

Public comment

Stefano supports permit application.

Commissioner Lee moved to approve Commissioner Bleiman second the motion

Vote:
Yeas - Commissioner Perez, Commissioner Tan, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Commissioner Frost
Noes - None

EC-1405 – Hjorth, Rene, The Halal Guys, 340 O’Farrell St., Extended Hours Premises Permit.

Deputy Director Maggie Weiland stated the next permit application is for an Extended Hours Premises permit for Halal Guys located at 340 O’Farrell Street between Taylor and Mason. Halal Guys is a Mediterranean fast food chain that wishes to extend their hours to 4am Thursdays through Saturdays. The owner sent several letters to nearby businesses seeking support that you will see in your file. We received two letters of support from these business neighbors, and no letters of protest. Tenderloin Station approves this permit with conditions of having a uniformed security officer when the business is operating past 2am as well as installing security cameras. Here to tell you more about Halal Guys is owner Rene Hjorth.

Commissioner Perez moved to approved with security cameras and not security with SFPD Commissioner Thomas second the motion

Vote:
Yeas - Commissioner Perez, Commissioner Tan, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Commissioner Frost
Noes - None

EC-1406 – Vila, Richard and Kristian Cosentino, Rusted Mule, 1217 Sutter St., Place of Entertainment Permit.

Deputy Director Maggie Weiland stated the last permit application of the evening is a Place of Entertainment permit for Rusted Mule located at 1217 Sutter in the space of previous POE holder “Sudachi.” Rusted Mule is a restaurant and lounge that wants to provide DJ entertainment and occasional live music in the form of a jazz combo. They plan to have a “Jazzy Brunch” on Sundays. We received 10 letters of support for this application from neighbors and nearby business owners as well as a letter of support from the Lower Polk Business Collaborative. Northern Station approves this permit application with the Good Neighbor Policy as the only condition. Here to tell you more about the Rusted Mule is owner Richard Vila.

Public Comment

David Lobos concerns about venue becoming a nightclub and the ABC relations but is in support.

Commissioner Frost moved to approve Commissioner Thomas second the motion with Northern station recommendations and the Good Neighbor Policy

Vote:
Yeas - Commissioner Perez, Commissioner Tan, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Noes - Commissioner Frost

7.  Discussion and Possible Action to adopt written comments and/or recommendations to be submitted to the Planning Department and/or Department of Building Inspection regarding noise issues for proposed residential projects per Chapter 116 of the Administrative Code. [Action Item]

999 Folsom St., Bl/Lot: 3753/122  Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 999 Folsom, which is located within 300 feet of 1015 Folsom nightclub and The End Up which are both permitted Places of Entertainment. Presentation by Mark Loper, Ruben Junius and Rose, Project Sponsor. [Action Item]

Public comment

No public comment.

Commissioner Perez moved to approve with a sound test on a Saturday and the materials receive highest levels of sound ratings Commissioner Thomas second the motion

Vote:
Yeas - Commissioner Perez, Commissioner Tan, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Commissioner Frost
Noes - None

980 Folsom St., Bl/Lot: 3732/028; 035;152,  Discussion and possible action to adopt written comments and/or recommendation regarding noise issues for the proposed residential project at 980 Folsom, which is located within 300 feet of 1015 Folsom nightclub and The End Up which are both permitted Places of Entertainment. Presentation by John Goldman, Goldman Architects, Project Sponsor. [Action Item]

Public comment

No public comment.

Commissioner Bleiman moved to approve to contact the end up and add lighting at night Commissioner Thomas second the motion

Vote:
Yeas - Commissioner Perez, Commissioner Tan, Commissioner Lee, Commissioner Thomas and Commissioner Ben Bleiman and Commissioner Frost
Noes – None

8.  Commissioner Comments & Questions. [Discussion Item]

Commissioner Thomas stated she will miss the next commission meeting. 
Commissioner Tan stated he will be out as well.

The May 16th meeting will be cancelled due to the office relocation.

Adjournment.  7:54 PM